Kimberli Lodge [2009] QBCCMCmr 79 (3 March 2009)

Last Updated: 29 April 2009

REFERENCE: 0192-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3623
Name of Scheme:	Kimberli Lodge
Address of Scheme:	35 Leslie Street NUNDAH Q 4012

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

The Body Corporate,

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”) and pursuant to section 283 of the Act, the next financial year end date of the Body Corporate for Kimberli Lodge Community Titles Scheme 3623 shall be 31 May 2009, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Kimberli Lodge Community Titles Scheme 3623, shall commence on 1 June and terminate on 31 May, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0192-2009

“Kimberli Lodge” CTS 3623

The Applicant, the body corporate for Kimberli Lodge Community Titles Scheme 3623, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)

“That the financial year be changed to end on the 31 May each year.”

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, to resolve a dispute, in the context of a community titles scheme, about the exercise of rights or powers, or the performance of duties under this Act or the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act specifically provides –
283. Change of body corporate’s financial year.
With the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when later financial years begin.

At the Annual General Meeting (AGM) held on 16 February 2009 it was resolved (5 votes to nil) to change the financial year end to 31 May and for the AGM be held in the time frame as required by the Act and for the body corporate manager to be authorised to prepare, endorse, seal and lodge the appropriate application for submission to the Commissioners Office (see motion 5 of relevant minutes).

The body corporate states that the current year end of 30 November results in the AGM being held late December or January, around the Christmas and holiday period. This has resulted in owners not being available to attend meetings and inconveniences owners who do not attend. The change of financial year end should result in a larger attendance at the AGM.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing its financial year-end date to the proposed date.

This order results in the body corporate having a one-off 6 month financial period, from 1 December 2008 to 31 May 2009. The body corporate appears to have made provision for this at the AGM of 16 February 2009.